(3A)
In deciding whether a document required to be inspected in
accordance with subsection (3) should be inspected by a member of
the Commission or a person authorised by the member of the
Commission, the member of the Commission may consider not
inspecting the document if:

(a) there is a likelihood of criminal proceedings arising
where the document may be used; or

(b) there is a likelihood that inspection may cause a member
of the Commission to be biased.